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Home My WebLink AboutL 11873 P 167 �S o DEED OF DEVELOPMENT RIGHTS THIS INDENTURE, made this 71-t, day of January, 1998, BETWEEN ESTATE OF LOIS WOODHULL by JUNE CROON, as EXECUTRIX, residing at 54075 Main Road, Southold, New York, party of the first part,and JUNE CROONANDCCHRIS LEPORE, both residing at54075Main Road, is_pE th�ld.OF JOUTHOLus sped P S cdevis�ien o?the Sate of Newof Lois MM T WN a munia a F. Woodhull York, having its office and principal place of business at 53095 Main Road, Town of Southold, County of Suffolk and state of New York, party of the second part. WITNESSETH That the party of the first part, in consideration of ten ($10.00) dollars, lawful money of the United States, and other good and valuable consideration paid by the party of the second part, DOES HEREBY GRANT AND RELEASE unto the party of the second part, its successors and assigns forever, the DEVELOPMENT RIGHTS, by which is meant the permanent legal interest and right, as authorized by Section 247 of the New York State General Municipal Law, as amended, to permit, require or restrict the use of the premises exclusively for agricultural production as that term is presently defined in Chapter 25 of the Code of the Town of Southold, and the right to prohibit or restrict the use of the premises for any purpose other than agricultural production, to the properties described in the attached Schedule A. TOGETHER with the non-exclusive right, if any, of the party of the first part as to the use for ingress and egress of any streets and roads abutting the described premises to the center lines thereof, TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises, insofar as the rights granted hereunder are concerned. TO HAVE AND TO HOLD the said DEVELOPMENT RIGHTS herein granted unto the party of the second part. its successors and assigns forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. The party of the first part, as a covenant running with the land in perpetuity, further covenants and agrees for the party of the first part, and its heirs, legal representatives, successors and assigns of the party of the first part, to use the premises on and after the date of this instrument solely for the purpose of agricultural production. AND the party of the first part, covenants in all aspects to comply with Section 3 of the Lien Law,as same applies with said conveyance. The definition of"Agricultural Production' as defined in Section 25-30 of Chapter 25 of the Southold Town Code is as follows: Agricultural Production-shall mean the production for commercial purposes of crops, livestock and livestock products, but not land or portions thereof used for processing or retail merchandising of such crops, livestock or livestock products. Land used in agricultural production shall also include fences, equipment storage buildings, livestock barns, irrigation systems, and any other structures used exclusively for agricultural purposes. The party of the first part and the party of the second part do hereby covenant and agree in perpetuity that either of them or their respective heirs, successors, legal representatives or assigns, shall only use the premises on and after this date for the purpose of such agricultural production and the grantor covenants and agrees that the underlying fee title may not be subdivided into ILA F-CA plots by the filing of a subdivision map pursuant to Sections 265 and 277 of the Town Law and Section 335 of the Real Property Law, or any of such sections of the Town or Real Property Law or any laws replacing or in furtherance of them. The word 'party" shall be construed as if it reads "parties" whenever the sense of this indenture so requires. The party of the first part covenants and agrees that it will (a) not generate, sore or dispose of hazardous substances on the premises, nor allow others to do so, (b) comply with all Environmental Laws, (c) allow party of the second part and its agents reasonable access to the premises for the purposes of ascertaining site conditions and for inspection of the premises for compliance with this agreement.This covenant shall run with the land in perpetuity. The party of the first part, its heirs, assigns and/or party or parties in lawful possession of the premises subject to this deed of development rights, pursuant to lease, license, or other arrangement, covenants and agrees that it shall indemnify and hold party of the second part and any of its officers, agents, employees, and, their respective successors and assigns, harmless from and against any and all damages. claims, losses, liabilities and expenses, including, without limitation, responsibihi y for legal,consulting, engineering and other costs and expenses which may arise out of(1) any inaccuracy or misrepresentation in any representation or warranty made by seller in this agreement; (2)the breach or non-performance of any covenants required by this agreement to be performed by the seller, either prior to or subsequent to the closing of title herein. or (3) any action, suit, claim, or proceeding seeking money damages, injunctive relief, remedial action,or other remedy by reason of a ,iolation or non- compliance with any environmental law; or the disposal, discharge or release of solid wastes, pollutants or hazardous substances; or exposure to any chemical substances, noises or vibrations to the extent they arise from the ownership, operation, and/or condition of the premises prior to or subsequent to the _ execution of the deed of development rights. This covenant shall run with the land in perpetuity. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. Qi ESTATE OF LOIS WOODHULL by J NE CROO EXECUTRIX jug U ROON STATE OF NEW YORK ) W )ss.: . CAIS LEP RE COUNTY OF SUFFOLK ) On the 71/7 day of January, 1998, before me, the undersigned, a Notary Public in and for said State, personally appeared JUNE CROON, EXECUTRIX, personally known to me or proved to me ont he basis of satisfactory evidence to be th-individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity, and that by her signature on the instrument, the indivudal, or the person upon behalf of which the individual acted, executed the instrument. ' t Publi� kAPEN J.RACPN STATE OF NEW YORK ) No::ry Public,Sere of New fork No.4927029 SS: in S01a11,County COUNTY OF SUFFOLK I Commlbclun 6:pimo btarch 21,19� On the 7th day of January, 1998, before me personally came JUNE CROON and CHRIS LEPORE, to me known to be the individuals described in and who executed the foregoing instrument and acknowledged that they executed same. �s '\ NOTARY PUBLIC SCHEDULEA ALL that certain plot, piece or parcel of land, situate, lying and being at Matlituck, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at the southwesterly corner of the premises herein described and the easterly line of land now or formerly of John C. Tuthill and being the following three(3)courses and distances from a monument set on the easterly side of Elijah's Lane and the northwesterly corner of land now or formerly of Steve Perge and Juliana Perge: 1) North 25 degrees 11 minutes 20 seconds West, along said easterly line of Elijah's Lane, 50.01 feet to said land now or formerly of John C. Tuthill: 2) North 63 degrees 33 minutes 00 seconds East, along said land.606.01 feet,and 3) North 26 degrees 19 minutes 20 seconds West,620.19 feet to the true point or place of beginrvng; RUNNING THENCE from said true point or place u`beginning and still along said land now or formerly of John C. Tuthill,the following two(2)courses and distances. 1) North 26 degrees 19 minutes 20 seconds West,315.00 feet,and 2) North 26 degrees 25 minutes 30 seconds West,408.08 feet to the land of the Long Island Railroad: THENCE North 59 degrees 43 minutes 45 seconds East,and still along said land of the Long Island Railroad,604.19 feet to land now or formerly of Anna Jablonski and Alice Slater et al; THENCE South 27 degrees 00 minutes 40 seconds East,along said land now or formerly of Anna Jablonski and Alice Slater et al, 1677.48 feet to other land now or formerly of Lois F. Woodhull; THENCE through said land now or formerly of Lois F. Woodhull,the following eleven(11)courses and distances: SCHEDULE A(CONTINUED) Page 2 I South 63 degrees 40 minutes 40 seconds West, 182.18 feet. 2) North 26 degrees 19 minutes 20 seconds West, 110.00 feet, 3) South 63 degrees 40 minutes 40 seconds West, 340.00 feet; 4) North 26 degrees 19 minutes 20 seconds West, 802.68 feet. 5) North 63 degrees 40 minutes 40 seconds East, 235.00 feet; 6) North 26 degrees 19 minutes 20 seconds West, 518.82 feet, 7) South 63 degrees 40 minutes 40 seconds West, 75.00 feet; 8) South 40 degrees 11 minutes 56 seconds West, 70.82 feet, 9) South 00 degrees 38 minutes 45 seconds West,297.79 feet, 10) South 26 degrees 19 minutes 20 seconds East, 225.20 feet, and 11) South 63 degrees 40 minutes 40 seconds West, 60.00 feet to land now or formerly of John C. Tuthill, at the point or place of BEGINNING. TOGETHER with a right of way over said other land now or formerly of Lois F. Woodhull to and from Elijah's Lane, more particularly bounded and described as follows, BEGINNING at a monument set on the easterly line of Elijah's Lane and the northwesterly corner of land now or formerly of Steve Perge and Juliana Perge, RUNNING THENCE North 25 degrees 11 minutes 20 seconds West,along said easterly line of Elijah's Lane, W.n1 feet to land now or formerly of John C. Tuthill; THENCE North 63 degrees 33 minutes 00 seconds East,along said land now or formerly of John C Tuthill and later through land now or formerly of Lois F. Woodhull. 706.01 feet. THENCE South 26 degrees 19 minutes 20 seconds East, through said land now or formerly of Lois F. Woodhull. 50.00 feet, 14 11873f 0167 SCHEDULE A(CONTINUED) Page 3 THENCE South 63 degrees 33 minutes 00 seconds West, still through said land now or formerly of Lois F. Woodhull, along land now or formerly of the Juliana Perge Revocable Living Trust and along land now or formerly of Steve Perge and Juliana Perge. 707.00 feet to the monument on the easterly line of Elijah's Lane and the point or place of BEGINNING. DATE J •� 1 t I�S PROf`rRT'Y MAP N0. /0 MAP COORDINATE NOS. DEED RECORDED IN LIBER PAGE Qs� SUBDIVISION NAME OR N0. MAP BOOK PAGE BL. LOT REAL PROPERTY TAX SERVICE AGENCY INDEX INITIAL SUFFOLK COUNTY CENTER RIVERHEAD. L L. N. Y. 11901 SKETCH : SPLIT AND RETIRED 1000-108-03-006.001 REPLACED BY 1000-108-03-006.002 AND 006.003 OWNERS: 006.002: LOIS F. WOODHULL BY DEEDS 9178-053 AND 057 006.003: LOIS F. WOODHULL BY DEEDS 9178-053 AND 057 AND THE TOWN OF SOUTHOLD (DEVELOPMENT RIGHTS) BY DEED 11873-167. SEE PLOT OF SECTION 103 ATTACHED. RESEARCHER/PLOTTER �� C/f b C DATE CHECKED BY RPTSA Form 101 48-114 21532 RFOORDED 1 IE 1ECENED ❑3 1187�167 REAL ESTATE 98=1 15 AR 10 33 Number of pages EDV7l.F' 7. 'IFE TORRENS JAN 1 5 1998 Serials TRANSFER TAX SIIFI�CI.is r•"I('f SUFFOLK Certificate x OOLINN Prier Cd.x 21532 Deed/Mortgage Instrument Deed/Mortgage Tax Sump Recording/Filing Stamps 4 FEFS Page/Filing Fee )� _ Mortgage Amt. Handling1. Basic Tax --_ TP-594 2. Additional Tax _ Notation �'— Sub Total EA-5217(Cmml) Sub Total !C• Or EA-5217(State) —�L,— Sett./AAA. R.P.T.S.A. —�5_U TOT.MTG.TAX •— Comm,of Ed. 5 •00 Dual Town_Dual County ff Held for Apportionment Affidavit • ♦ Transfer Tax _ Certified Copy y0�� MansionTax _ .C The property covered by this mortgage is or Re g opy /// will be improved by a one or two family Sub Total ZA dwelling only. Other YES_or NO GRAND TOTAL .— If NO,sce appropriate tax clause on page x of this instrument. Real Property Tax Service Agency Verification 6 f Title Company Informalion Dist. Section Block Los Land Title Insurance Compo "S�p_f l icy c /[ 6 !c' a3.1� a['6:C11 Company Name ��j 81-19 Z/Sn1 Initials�.S Title Number 8 FEEPAIDBY: i Commonwealth Caxh_Cheek ` Cha ge j Land Title Insurance Comport° Payer samcazR&R (or if di Rcmnt) :;otu courirwro.•,c Fo nG::,q NAME: PVCmmnnwnalth ADDRESS: land Title Insurance Company tar nu yam• RECORD&RETURN TO P.o.aesaty 7 (ADDRESS) Nrerbexd N.Y.Its01 9 Suffolk County Recording & Endorsement Page This page fortes pan of the attached e-'-d 6 > ' rnvny/)>' �,� �rf made b_v: �{ (SPE IFYTYPE FINSTRUSIE. J f.LI7 J. �t–r.�:^ oi•�/ The premises herein is situated in �� C FCSYx_ SUFFOLK COUNTY.NEW PORK. TO In the Township of In the VILLAGE or HAMLET of __ BOXES 5 THRU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. wwka.,... ----------------